The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act)

The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act)

Why in News? The term was recently used in Shambhal Mosque dispute.

• The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act) is a key piece of legislation in India that provides for the preservation and protection of ancient monuments, archaeological sites, and remains of national importance.

Objective:

The Act aims to:

• Protect and regulate access to monuments and sites of historical, archaeological, or artistic importance.
• Prevent unauthorized excavation or destruction of these sites.
• Provide for their proper management and maintenance.

Key Provisions:

Ancient Monuments and Archaeological Sites:

• Defines “ancient monuments” as structures or remains of historical, archaeological, or artistic interest that are more than 100 years
• Includes temples, tombs, inscriptions, caves, and rock-cut structures.

Declaration of National Importance:

• The Central Government can declare any site or monument as one of “national importance” and publish the notification in the Official Gazette.

Prohibited Areas:

• A “prohibited area” refers to a zone of 100 meters around a protected monument or site where construction and excavation are restricted.
• A “regulated area” extends up to 200 meters beyond the prohibited area, where limited construction may be permitted under conditions.

Protection and Maintenance:

• Archaeological Survey of India (ASI) is tasked with the maintenance, protection, and regulation of declared monuments and sites.
• Unauthorized activities, including excavation or construction within prohibited and regulated areas, are punishable offenses.

Excavations:

• No person, except authorized personnel, can undertake excavation at protected sites.
• The Central Government can conduct or authorize archaeological excavations.
• Penalties:
• Violations of the Act can result in penalties, including fines or imprisonment, for:
• Damaging a protected monument.
• Unauthorized construction or excavation.
• Breach of the prescribed rules.

Amendments and Additions:

• AMASR (Amendment and Validation) Act, 2010:
• Introduced stricter regulations for construction near monuments.
• Established a National Monuments Authority (NMA) to oversee and regulate construction activities in prohibited and regulated areas.

Recent Developments:

• There has been debate over relaxing the 100-meter and 200-meter rules to balance heritage conservation with urban development needs.

Significance:

• Protects India’s rich cultural and historical heritage.
• Facilitates scientific research, tourism, and education.
• Balances heritage preservation with urban development.